Return / Refund Policy

If you are not satisfied with your purchase, we're here to help. Our products can be returned within 30 days of the original purchase of the product. A new product may be exchanged for another product or returned for a refund if conditions are met. To be eligible for a return or refund, one of the following must be satisfied:

  • The product arrived damaged through no fault of you; or
  • When you used the product, a defect was discovered (and tell us about it); or
  • The product was purchased in the last 30 days, and the product is in its original packaging, and the product isn't used or damaged. 

Products that do not meet these criteria will not be considered for return. Please contact us before you send the product:

When instructed, send the product with its original packing to:

1010 South Mainline Drive

Seymour, WI 54165 

Shipping returns and refunds policy charges

Shipping charges incurred in connection with the return of a product are non-refundable. You are responsible for paying the costs of shipping and for the risk of loss of or damage to the product during shipping, both to and from Soda Sense, for Return, otherwise Soda Sense will cover the return costs. 

Damaged items

If you received a damaged product, please notify us immediately for assistance. 

Sale items

Unfortunately, sale items cannot be refunded. Only regular priced items can be refunded. 

Availability, Errors, and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. 

Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Last updated: March 10, 2022 

Privacy Policy

CO2 Exchange LLC ("us", "we", or "our") operates the www.sodasense.com website (hereinafter referred to as the "Service"). 


This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. 


We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from www.sodasense.com


Additionally, You may connect with Soda Sense or one of its websites through social networking websites, such as Facebook or Twitter. If you initiate such a process, such as by “Liking” a Soda Sense product on Facebook, you will be allowing Facebook to provide us with information from your Facebook profile. Whenever submitting information on a social network website you should familiarize yourself with their privacy policy and practices. 

Definitions

Service

  • Service is the www.sodasense.com website operated by CO2 Exchange LLC

Personal Data

  • Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

  • Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

  • Cookies are small files stored on your device (computer or mobile device).

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally, identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Information about your household
  • Consumption habits of you and your household
  • Information to login and set up your account
  • Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.

Usage Data

We may also collect information on how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Location Data

We may use and store information about your location if you give us permission to do so ("Location Data"). We use this data to provide features of our Service, to improve and customize our Service.


You can enable or disable location services when you use our Service at any time by way of your device settings.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.


Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service. 


You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.
  • Advertising Cookies. Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.

Third-party cookies

In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on. 


What are your choices regarding cookies? 


If you'd like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser. 


Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.

Where can you find more information about cookies?

You can learn more about cookies and the following third-party websites:

Use of Data

CO2 Exchange LLC uses the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues 

To provide you with news, special offers, and general information about other goods, services, and events which we offer that are similar to those that you have already purchased or inquired about unless you have opted not to receive such information, including contacting you through email, post, SMS, telephone or targeted online advertisements

Data Retention

We may retain your data as long as necessary to provide our products and Service, and beyond such time to the extent legally permitted and based on our legal obligations (e.g. in relation to invoice retention) or legitimate interests (e.g., in retaining data for the purposes of responding to possible disputes or complaints or for possible reactivation of accounts). 


In addition, we maintain a data retention policy that we apply to information in our care. Where your data is no longer required we will ensure it is securely deleted or anonymized.

Transfer of Data

Your information, including Personal Data, may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. 


If you are located outside the United States and choose to provide information to us, please note that we may transfer the data, including Personal Data, to the United States and process it there. 


Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. 


CO2 Exchange LLC will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Business Transactions.

If CO2 Exchange LLC is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement

Under certain circumstances, CO2 Exchange LLC may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

CO2 Exchange LLC may disclose your Personal Data in the good faith belief that such action is necessary to.

  • To comply with a legal obligation
  • To protect and defend the rights or property of CO2 Exchange LLC
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security Notice to California Residents of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. 


Notice to California Residents 


If you are a California resident, California Civil Code Section 1798.83 permits you to request a notice regarding the disclosure of your personal information by CO2 Exchange LLC to partners for the partners' direct marketing purposes. If you are a California resident and would like a copy of this notice, please submit a written request to the following:

Our Policy on "Do Not Track" Signals under the California Online Protection Act (CalOPPA) 


We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. 


You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used. 


These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. 


You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity. 


For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Piwik / Matomo

Piwik or Matomo is a web analytics service. You can visit their Privacy Policy page here: https://matomo.org/privacy-policy

Clicky

Clicky is a web analytics service. Read the Privacy Policy for Clicky here: https://clicky.com/terms

Statcounter

Statcounter is a web traffic analysis tool. You can read the Privacy Policy for Statcounter here: https://statcounter.com/about/legal/

Mixpanel

Mixpanel is provided by Mixpanel Inc. 


You can prevent Mixpanel from using your information for analytics purposes by opting-out. To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/


For more information on what type of information Mixpanel collects, please visit the Terms of Use page of Mixpanel: https://mixpanel.com/terms/

Advertising

We may use third-party Service Providers to show advertisements to you to help support and maintain our Service.

Google AdSense DoubleClick Cookie

Google, as a third-party vendor, uses cookies to serve ads on our Service. Google's use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our Service or other websites on the Internet. 


You may opt-out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page: http://www.google.com/ads/preferences/

Bing Ads

Bing Ads is an advertising service provided by Microsoft Inc. 


You can opt-out from Bing Ads by following the instructions on Bing Ads Opt-out page: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads 


For more information about Bing Ads, please visit their Privacy Policy: https://privacy.microsoft.com/en-us/PrivacyStatement

AdButler

AdButler is an advertising service provided by Sparklit Networks Inc. 


For more information about AdButler, please visit their Privacy Policy: https://www.sparklit.com/agreements.spark?agreement=privacy

Unity Ads

Unity Ads is provided by Unity Technologies. 


You can opt-out from Unity Ads service by following the instructions as described by Unity Technologies on their Privacy Policy page: https://unity3d.com/legal/privacy-policy


For more information about Unity Technologies, please visit Unity Technologies Privacy Policy: https://unity3d.com/legal/privacy-policy

Behavioral Re-marketing

CO2 Exchange LLC uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize, and serve ads based on your past visits to our Service.

Google Ads (AdWords)

Google Ads (AdWords) remarketing service is provided by Google Inc. 


You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads 


Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. 


For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Twitter

Twitter re-marketing service is provided by Twitter Inc. 


You can opt-out from Twitter's interest-based ads by following their instructions: https://support.twitter.com/articles/20170405 


You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page: https://twitter.com/privacy

Facebook

Facebook remarketing service is provided by Facebook Inc. 


You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950 


To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217 


Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings. 


For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation

Pinterest

Pinterest remarketing service is provided by Pinterest Inc. 


You can opt-out from Pinterest's interest-based ads by enabling the "Do Not Track" functionality of your web browser or by following Pinterest instructions: http://help.pinterest.com/en/articles/personalization-and-data 


You can learn more about the privacy practices and policies of Pinterest by visiting their Privacy Policy page: https://about.pinterest.com/en/privacy-policy

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors). 


We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information. 


The payment processors we work with are or could include: 


Apple Store In-App Payments: Their Privacy Policy can be viewed at https://www.apple.com/legal/privacy/en-ww/ 


Google Play In-App Payments: Their Privacy Policy can be viewed at https://www.google.com/policies/privacy/ 


Stripe: Their Privacy Policy can be viewed at https://stripe.com/us/privacy 


WePay: Their Privacy Policy can be viewed at https://go.wepay.com/privacy-policy 


WorldPay: Their Privacy Policy can be viewed at https://www.worldpay.com/en-gb/privacy-policy 


PayPal / Braintree: Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full


FastSpring: Their Privacy Policy can be viewed at http://fastspring.com/privacy/ 


Authorize.net: Their Privacy Policy can be viewed at https://www.authorize.net/company/privacy/ 


2Checkout: Their Privacy Policy can be viewed at https://www.2checkout.com/policies/privacy-policy 


Sage Pay: Their Privacy Policy can be viewed at https://www.sagepay.co.uk/policies 


Square: Their Privacy Policy can be viewed at https://squareup.com/legal/privacy-no-account 


Go Cardless: Their Privacy Policy can be viewed at https://gocardless.com/en-eu/legal/privacy/ 


Elavon: Their Privacy Policy can be viewed at https://www.elavon.com/privacy-pledge.html 


Verifone: Their Privacy Policy can be viewed at https://www.verifone.com/en/us/legal 


Moneris: Their Privacy Policy can be viewed at https://www.moneris.com/en/Privacy-Policy 


WeChat: Their Privacy Policy can be viewed at https://www.wechat.com/en/privacy_policy.html 

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. 


We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children"). 


We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. 


We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the bottom of this Privacy Policy. 


You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us: 


By email: customerservice@sodasense.com

By phone number: 833-262-7927


Effective date: November 22, 2019

Last updated: March 10, 2022

Terms of Service

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.sodasense.com website, including products purchased from or through the website (the "Service") operated by CO2 Exchange LLC ("us", "we", or "our"). 

THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION HEREIN THAT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTES. PLEASE BE SURE THAT YOU UNDERSTAND AND AGREE TO THOSE CONDITIONS BEFORE YOU USE THE SERVICE. 

Acceptance

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Accounts

When you create an account with us and become an Exchange Member, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. 


You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. 


You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene. 


We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. 


In the event no purchases have been made on your account within a 2 year period, we will inactivate your account and remove all sensitive data. A new account will need to be created to resume the Service. 

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. 


You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. 


The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. 


We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons. 


We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. 


CO2 Gas Exchange Process 

Becoming an Exchange Member

Upon making your first purchase at Soda Sense, you become a Soda Sense Exchange Member, WELCOME! With this first order, you are automatically signed up as an Exchange Member and have an account so we can continue to make exchanges available to you. No membership or subscription fees are required. 

CAUTION and the Life ring

Each exchange box contains the correct regulatory shipment labels for 14.5oz, 60L CO2 canisters only. To avoid additional charges, do not mail back exchanges in any other box. To avoid purchasing an extra box, save each box to use for future exchanges. If you discard the box, we will send a new one at the flat rate of $4.99 to you to continue the exchange process. 

Charging your “first-time” purchase or Life ring

Upon completing your first order or the Life ring, you thereby authorize us to charge your identified payment method the amount stated above for that option for canister(s) and/or exchange box and label. 

Steps to follow to exchange empty canisters

Our exchange process requires you to send two (2) empty 14.5oz, 60L CO2 commercially available canisters from any manufacturer. 


Each exchange must be sent to us via United States Postal Service (USPS) in our exchange box which holds exactly two (2) 14.5oz, 60L CO2 canisters. Save the exchange box, prepaid USPS label, and plastic canister caps sent with every order to use for future exchanges. Additional exchange-boxes or USPS labels can be provided at your cost if the exchange box is not saved (see option 4 above). 


Before placing empty canisters in the exchange box, verify each of the two (2) 14.5oz, 60L CO2 canisters are empty by: (i) fully using them as prescribed by your soda machine manufacturer and then (ii) after removing the empty canister from your soda machine, depressing the center point with a spoon to allow any remaining CO2 to safely escape.  CAUTION: in doing step (ii), be in a large room or other open space and depress the center point slightly to allow gas to escape slowly and safely and only do this for up to ten (10) seconds. If gas remains after ten (10) seconds, contact Soda Sense before trying to return the canister. 


Seal each canister valve using the provided plastic cap. Next, place the provided USPS return label over the existing label on the exchange box. Seal the box with tape and place in any USPS mailbox, including your home mailbox. 


NOTE: Exchanges that are sent to Company with less than two (2) canisters shall be subject to a $15.00 charge per missing canister.

Charging you for exchanges

Once the box of exchange canisters is received and scanned into our system, you hereby authorize us to charge your on-file payment method the rate of $41.99, for your refill and exchange shipment of 2 refilled CO2 canisters.

Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. 


By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. 


You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us a perpetual, non-revocable, royalty-free, right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. 


CO2 Exchange LLC has the right but not the obligation to monitor and edit all Content provided by users. 


In addition, Content found on or through this Service is the property of CO2 Exchange LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. 

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity. 


If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to customerservice@sodasense.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims". 


You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad faith claims on the infringement of any Content found on and/or through the Service on your copyright. 

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 


an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; 


a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; 


identification of the URL or other specific location on the Service where the material that you claim is infringing is located; 


your address, telephone number, and email address; 


a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 


a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 


You can contact our Copyright Agent via email at customerservice@sodasense.com

Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of CO2 Exchange LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of CO2 Exchange LLC. 

Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by CO2 Exchange LLC. 


CO2 Exchange LLC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their web sites. 


You acknowledge and agree that CO2 Exchange LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. 


We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. 

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. 


If you wish to terminate your account, you may simply discontinue using the Service. 


All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. 

Indemnification

You agree to defend, indemnify and hold harmless CO2 Exchange LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, c) Content posted on the Service, or d) any violation of the law. 

Limitation Of Liability

IN NO EVENT SHALL CO2 EXCHANGE LLC, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. 


CO2 EXCHANGE LLC ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. 

Dispute Resolution; Binding Arbitration; Limited Action

Any controversy or claim arising out of or relating to any websites, the Services, these Terms, any applicable Additional Terms, and the Privacy Policy, or the breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of these Terms, will be settled by binding arbitration in Green Bay, Wisconsin under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and administered by the AAA. The parties explicitly disclaim any applicability of the U.N. Convention on Contracts for the International Sale of Goods to these Terms. All arbitration proceedings will be conducted in English. Such arbitration will have one (1) neutral arbitrator if the amount in controversy is less than one million dollars ($1,000,000) or otherwise before a panel of three (3) neutral arbitrators. Each of the arbitrators must be i) a lawyer licensed to practice law in the United States with a minimum of fifteen (15) years of legal practice or senior level business experience or a retired judge with a minimum of five (5) years of service on the bench, ii) an individual with at least five (5) years of experience as an arbitrator, and iii) on the roster of neutrals of the AAA or similar nationally recognized ADR organization. If the arbitration proceedings shall be conducted before a panel of three neutral arbitrators, the panel shall be selected using the following process: Within fifteen (15) days after the commencement of arbitration, each party shall select one person meeting the specified qualifications to act as a neutral arbitrator, and the two thus selected shall select a third neutral arbitrator meeting the specified qualifications within fifteen (15) days of their appointment. The third neutral arbitrator shall act as the chair of the arbitration panel. If the arbitrators selected by the parties are unable to or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association. Notwithstanding this arbitration provision, CO2 Exchange LLC may seek emergency, temporary, or preliminary injunctive relief from a competent court of law or equity pending the final ruling of the arbitrator(s), without any requirement to post bond, to prevent irreparable harm arising from any unlawful acts by you. NEITHER PARTY WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS RELATED TO ANY SITES, THESE TERMS, ANY ADDITIONAL TERMS, OR THE PRIVACY POLICY. ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. 


IF FOR ANY REASON AN ACTION, SUIT, CLAIM OR PROCEEDING PROCEEDS IN COURT RATHER THAN IN AN ARBITRATION, (I) SUCH ACTION, SUIT, CLAIM OR PROCEEDING SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FEDERAL OR STATE COURTS, AS APPLICABLE, SITTING IN EASTERN DISTRICT OF WISCONSIN, GREEN BAY DIVISION (FEDERAL) AND BROWN COUNTY CIRCUIT COURT, WISCONSIN (STATE) AND EACH PARTY WAIVES ANY CLAIM OF INCONVENIENT FORUM, AND (II) EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OR THE SERVICE. 


Except if you are a resident of New Jersey, you and CO2 Exchange LLC also agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such a cause of action is permanently barred. 

Governing Law & misc.

These Terms shall be governed and construed in accordance with the laws of Wisconsin, United States, without regard to its conflict of law provisions. 


Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. 


If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. 


These Terms constitute the entire agreement between us regarding our Service and incorporated terms, and supersede and replace any prior agreements we might have had between us regarding the Service. 

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. 


By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. 

Contact Us

If you have any questions about these Terms, please contact us:

  • By phone number: 833-262-7927
  • By emailing us at: customerservice@sodasense.com 

Effective Date: February 1, 2022

Last Updated Date: March 10, 2022

Loyalty, Rewards, and Referrals Terms of Use

MEMBERSHIP

The Soda Sense loyalty, rewards, and referral program (the “Program") is offered by CO2 Exchange LLC, a Wisconsin company d/b/a Soda Sense ("Company", “Soda Sense”) to customers making purchases and to potential customers on sodasense.com. Company will extend certain perks and privileges as described in more detail herein, and additional offers may be extended from time to time. These terms and conditions (hereinafter "Terms and Conditions") form the agreement (the "Agreement") between you (“You” and/or "Member") and Company with respect to the Program.

PROGRAM DETAILS

Members are able to earn points through a variety of activities. Activities include engaging with Soda Sense content on social media platforms or on sodasense.com, purchasing eligible products on sodasense.com, having a birthday, leaving a product review, referring a new customer, etc. For a full list of ways to earn points, visit sodasense.com/pages/rewards. Rewards can be redeemed for coupon codes at a rate of 100 points equaling $5.00 USD. Soda Sense requires a minimum points redemption threshold of 100 points ($5.00 equivalent) and a maximum points redemption threshold of 500 points ($25.00 equivalent). Generated coupon codes can be used against future Soda Sense exchange purchases. Accumulated points have no cash value and are not exchangeable for cash. Points are accumulated as follows: Account creation 25 points, 1 point for each dollar spent (excluding dollars spent for exchanges), every 5 exchanges you are rewarded with 100 points, leave a review 20 points, add a video of our products in use earn additional 20 points, birthday reward 50 points, add photo of our products in review earn 20 points, follow us on Instagram earn 20 points, like us on Facebook earn 20 points, follow us on Twitter earn 20 points, follow us on Tik Tok earn 20 points, read blog posts earn 10 points.

MEMBERS' ACCEPTANCE OF TERMS

The Program is only available to customers in the contiguous United States. By participating in the Program, Member agrees to the terms and conditions, rules, regulations, policies, and procedures of the Program, including, without limitation, these Terms and Conditions, including the provisions below dealing with mandatory arbitration of all disputes on an individual (i.e., non-class action) basis. Each Member is responsible for remaining knowledgeable about the Program Terms and Conditions. Company reserves the right to disqualify Members who have violated any of the Program Terms and Conditions. 

COMPANY'S RIGHT TO CHANGE/CANCEL PROGRAM

Company may alter, limit, modify or terminate the Program, the Program structure, any other feature of the Program, or these Terms and Conditions in its sole and absolute discretion at any time and in any manner without notice. Your continued participation in the Program will confirm your acceptance of such changes.

MEMBERSHIP ELIGIBILITY

The Program is open to U.S. residents. Membership is limited to individuals only and is limited to one account per individual. Membership is not available to corporations, businesses, charities, partnerships, enterprises, or anyone other than an individual, unless written approval is received in advance from Company, in its sole and absolute discretion. Membership is void where prohibited by law.

MEMBERSHIP ENROLLMENT

Individuals can enroll by creating an account at sodasense.com. Member must provide information accurately and completely when creating an account. Company reserves the right to refuse membership to any customer who does not follow the enrollment procedures. Member should promptly advise Company of any changes to their personal account contact information, such as name, address, telephone number(s) and/or email address, by visiting sodasense.com/account and updating their Member account.

PROGRAM COMMUNICATIONS

Company will communicate with Members about marketing via mail, email, SMS and other channels, including about special Member promotions, offers and more. Company will also use these channels to notify Member of eligibility for a benefit, communicate Program changes and more. Please note that even if you opt out of receiving marketing or promotional communications, Company may continue to send you non-marketing or non-promotional emails, such as those about your account or our ongoing business relations.

ELIGIBLE PURCHASES

Purchases of merchandise and/or services, after promotional offers have been applied, before taxes and shipping charges have been applied, made at sodasense.com, count toward your rewards points level. The amount of a purchase made with store credit as method of payment will not be applied to points earnings. The amount of a purchase made with a Soda Sense gift card as method of payment will not be applied to points earnings. The purchase of a Soda Sense gift card will be applied to points earnings. Additional items may be excluded from points accumulation at the sole discretion of Company.  

REFERRAL PROMOTION

The Program offers a referral promotion where eligible members are able to refer members of their network to Soda Sense. A bonus of 100 points is earned by the member for each eligible referral. An eligible referral is defined as a new Soda Sense customer who has not previously completed a purchase on sodasense.com or any other sales channel related to Soda Sense (amazon.com, etc.) and completes their first exchange purchase after engaging with a referral link sent to them by the original referrer. Successful eligible referred customers will receive 100 points as well after their first exchange purchase with Soda Sense. Accumulated points have no cash value and are not exchangeable for cash.

VALID EMAIL ADDRESS

A current, valid email address is required for a Member to be eligible for select benefits, offers and updates. Member must notify Company of change of email address by updating Member account information online.

RIGHT TO REVOKE

Company reserves the right to revoke the membership of any Member in the Program and/or revoke any or all benefits the Member may be entitled to or reward points accrued, if in the sole and absolute discretion of Company, a Member abuses any of the Program privileges, fraudulently uses the Program, fails to comply with these Terms and Conditions or otherwise earns benefits through deception, forgery and/or fraud.

NO TRANSFER

Program benefits may not be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Member account. Benefits have no cash value and are not exchangeable for cash.

EMPLOYEE ELIGIBILITY

All current employees of Company are ineligible to participate in the Program.

TAXES 

Member is responsible and liable for any applicable federal, state or local income, sales, use or other taxes which may result from Member's participation in the Program.

NO WARRANTY

Company and each of its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents make no warranty, express or implied, including but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program or any products or services related to such Program.

GOVERNING LAW

These Terms and Conditions, the relationship between you and the Company, and Company's loyalty program, shall be governed by, construed, and enforced in accordance with the laws of the State of Wisconsin, without giving effect to any conflict of law provisions.

MANDATORY ARBITRATION OF ALL DISPUTES. NO CLASS ACTIONS.

ANY DISPUTE RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR COMPANY'S LOYALTY PROGRAM, INCLUDING CLAIMS BASED ON STATE OR FEDERAL STATUTES, SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR IN WISCONSIN. SUCH PROCEEDINGS SHALL BE CONDUCTED UNDER THE PREVAILING RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR'S AWARD SHALL BE BINDING AND FINAL AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. UNDER THIS AGREEMENT, COMPANY AND MEMBER UNDERSTAND AND AGREE THAT THEY ARE GIVING UP THEIR RIGHT TO A COURT OR JURY TRIAL. COMPANY AND MEMBER FURTHER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS PROVISION SHALL NOT APPLY IF MEMBER HAS IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHTS, IN WHICH CASE COMPANY MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF WISCONSIN. MEMBER CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.

RELEASE OF LIABILITY AND LIMITATION ON DAMAGES

You release Company and its respective subsidiaries, divisions, and affiliate entities, along with each such Company’s respective officers, directors, employees, and agents from and against any and all liability relating to your membership or participation in the Program or these Terms and Conditions. To the fullest extent permissible under applicable law, Company is not responsible or liable for any direct, indirect, incidental, consequential or any other damages under any contract, negligence, strict liability, or other theory arising out of or relating in any way, directly or indirectly, to Members' participation in the Program. This applies even if foreseeable or even if Company has been advised of the possibility of such damages.

INTELLECTUAL PROPERTY

All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are owned by Company and may be registered in the United States and internationally.

WEBSITE TERMS AND CONDITIONS

Soda Sense’s main Website Terms of Service are incorporated herein by reference. To view the Website Terms of Service, please visit sodasense.com/policies/terms-of-service.

Amazon Gift Card Incentive Program

The Soda Sense Amazon Gift Card Incentive Program (the “AGCI Program") is offered by CO2 Exchange LLC, a Wisconsin company d/b/a Soda Sense ("Company", “Soda Sense”) to customers making purchases and to potential customers on amazon.com. Company will extend certain perks and privileges as described in more detail herein, and additional offers may be extended from time to time.

Qualified Purchases

Any canister purchased from the Company on Amazon.com will qualify the customer to claim a $15 Amazon gift card once the customer signs up for the AGCI Program. To claim the Amazon gift card, the customer must sign up for and perform an actual exchange with Company at the following link: https://sodasense.com/pages/amazon. Customer must provide their Amazon order number at the link provided and will be redirected to a Company page where the customer can join the C02 Refill club, check out with a credit card, and authorize the Company to charge their credit card an exchange rate of $41.99. Once the customer makes an exchange purchase, the Company will send the customer an electronic Amazon gift card in the amount of $15.00.

AGCI Program Restrictions.

The AGCI Program is limited to one (1) gift card per household. In order to claim the $15.00 Amazon gift card, customer must sign up for the Company’s C02 Refill Club at the link provided above and follow the prompts to register. Once registered, customer must provide a valid credit card number to print a return label, at no cost to customer. Customer’s credit card number will stay on file with the Company for the processing of future exchange orders through the C02 Refill Club. Customer must return two (2) empty 60L cannisters using the provided return label. Once the UPS carrier picks up the return package from customer, Company is notified by UPS and the Company creates an order for two (2) full 60L cannisters and charges customer’s credit card in the amount of $41.99 plus applicable tax. Once customer’s credit card is charged by the Company for the exchange order, the Company issues customer an electronic Amazon gift card. By placing an exchange order with the Company, Customer accepts the AGCI Program terms and conditions herein, and further explicitly consents to the Company charging customer’s credit card for any unreturned exchange cylinders.  


In the event that customer requests a return in accordance with the Company’s 30-day Refund and Exchange Policy after receipt of the electronic Amazon gift card, customer’s refund will be reduced by the value of the gift card provided to customer, in addition to $12 shipping charges in accordance with the Company’s Refund and Exchange Policy. In the event that the exchanged cannisters received by Company are damaged or tampered with in any way, customer forfeits the right to the $15.00 value of the Amazon gift card previously provided to customer, and customer authorizes Company to charge customer’s credit card in the amount of $15.00. Amazon gift cards expire six (6) months from the date of issuance.

Authorization to Charge Credit Card

By placing an exchange order with Company, customer accepts these terms and conditions and expressly authorizes Company to charge customer’s credit card for exchange orders and charges related to unreturned cannisters and cannisters returned that are damaged or tampered with.

Right to Revoke

Company reserves the right to change the terms and/or revoke the AGCI Program in the Company’s sole and absolute discretion.

Incorporation

The Company’s Refund and Exchange Policy, Privacy Policy, Website Terms of Service, and Loyalty, Rewards, and Referrals Terms of Use are incorporated herein by reference.


To view the Website Terms of Service, please visit: sodasense.com/policies/terms-of-service. 

To view the Refund and Exchange Policy, please visit: sodasense.com/pages/refund-policy

To view the Privacy Policy, please visit: sodasense.com/pages/privacy-policy

To view the Loyalty, Rewards, and Referrals Terms of Use, please visit: sodasense.com/pages/loyalty-and-rewards

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